Buying property without risk

Before buying a property in Spain or signing a contract agreeing the sale of a property, it is important to be aware that, without the necessary guarantees, this signature can represent a major risk. The cost of consulting a lawyer is very small compared with the substantial costs arising from any possible legal proceedings resulting from a legal dispute. However, legal disputes are very easy to avoid if you receive the correct advice beforehand.

The services of a lawyer during a transfer of ownership can cover the following:

Prior inspection of the property:
- Register details: ownership, description, liabilities and tax liabilities
- Cadastre details: description, cadastral value
- Tax details of the property: outstanding tax
- Urban planning details of the property: valuation, planning, liabilities, legality of new building
- Horizontal ownership details: debts, special taxes and duties
- Condition of the building: implementation and monitoring during the preparation of a survey report
- Property value: implementation and monitoring during the preparation of a valuation report

Regulation of register, cadastre, tax and planning details

Financing and tax analysis of the project

Foundation and registration of a company with the tax office

Registration of natural persons with the tax office

Supervision of mortgage financing

Preparation and legalisation of documents
- Arrangement of power of attorney
- Application for apostilles
- Request for simple and certified translations

Drafting and verification of the private contract of sale, option contract, service contract etc.
- Drafting and negotiation
- Verification
- Guidance when signing the contract or signing in the name of the client by means of the power of attorney

Drafting and verification of certificates (for purchase, mortgage, acceptance of inheritance, building project etc.) together with the notary.
- Preparation and verification of documents necessary for issuing the certificate
- Drafting of the proposal and verification of the certificate text drawn up by the notary, based on the project
- Guidance when signing the contract or signing in the name of the client by means of the power of attorney

Processing of tax declarations and payment of tax

Entry into land register

Contracting party’s change of contracts with energy/water suppliers and phone companies etc.

Guidance in negotiating with the following persons/organisations:
- Seller/buyer
- Estate agent
- Builders
- Chief architect and technical architect
- Notary
- Registry officials
- Valuer
- Surveyor
- Bank
- Insurance company
- Property management
- Tax office
- Local council and other public authorities

Carlos Prieto Cid, Lawyer

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